FEDERAL CIRCUIT COURT OF AUSTRALIA
| JOHNSTON & PRITCHARD | [2014] FCCA 1996 |
| Catchwords: FAMILY LAW – Parenting – previous hearing and subsequent application for variation – has there been a significant or substantial change in circumstances – consideration of the law – application to the evidence – application for variation of parenting orders dismissed – continuation of operation of previous orders precluding viewing of subpoenaed documents – preclusion of further proceedings without leave of court – costs. |
| Legislation: Family Law Reform Act 1995 (Cth) |
| Johnston & Pritchard [2013] FCCA 2418 Poisat & Poisat [2014] FamCAFC 128 Miller & Harrington (2008) FLC 93-383 Lowe v Lowe (Unreported, High Court of Australia, Mason CJ, Dawson and Toohey JJ, 6 April 1990) SPS & PLS [2008] FamCAFC 16 Rice & Asplund (1978) 6 Fam LR 570; (1979) FLC 90-725 Errington & Samuels & Ors [2011] FamCA 98 Reid & Lynch [2010] FamCAFC 184 CDJ v VAJ (1998) 197 CLR 172 at 118 Freeman & Freeman (1987) FLC 91-857 McManus v McManus [1969] 13 FLR 449 at 455 Marsden v Winch (2009) 42 Fam LR 1 Langham and Langham (1981) FLC 91-014 Bennett and Bennett (1991) FLC 92-191 In the Marriage of McEnearney (1980) FLC 90-866 In the Marriage of F & N (1987) 11 Fam LR 664 In the Marriage of D & Y (1995) 18 Fam LR 662 In the Marriage of Newling & Mole (1987) 11 Fam LR 974 at 976-7 In the Marriage of Zabaneh (1986) 11 Fam LR 167 at 172 |
| Applicant: | MS JOHNSTON |
| Respondent: | MR PRITCHARD |
| File Number: | SYC 4591 of 2008 |
| Judgment of: | Judge Coker |
| Hearing date: | 18 July 2014 |
| Date of Last Submission: | 18 July 2014 |
| Delivered at: | Townsville |
| Delivered on: | 23 July 2014 |
REPRESENTATION
| Applicant: | In person |
| Counsel for the Respondent: | Mr Ladopoulos |
| Solicitors for the Respondent: | Paltos Briggs Family Lawyers |
ORDERS
That the Mother’s Initiating Application filed 31 January 2014 be dismissed.
That the Mother be restrained from initiating further proceedings in relation to the parenting of the child, X born (omitted) 2006, without leave of this Court previously given.
That the Mother pay the Father’s costs of and incidental to these proceedings as may be agreed between the parties and, failing agreement, as follows:
(a)Within 28 days of there being an indication that agreement cannot be reached that submissions on the quantum of costs be filed by the Father and served on the Mother;
(b)The Mother file and serve submissions in response within 14 days thereafter; and
(c)The matter of costs be determined in Chambers.
IT IS NOTED that publication of this judgment under the pseudonym Johnston & Pritchard is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT AT TOWNSVILLE |
SYC 4591 of 2008
| MS JOHNSTON |
Applicant
And
| MR PRITCHARD |
Respondent
REASONS FOR JUDGMENT
On 12 October 2011, Federal Magistrate Walker, as…
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- Johnston and Pritchard [2014] FCCA 1996
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- [2014] FCCA 1996
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CaseChat Overview and Summary
The central legal issues before the Court were whether the Mother's application for parenting orders should be dismissed and whether the Mother should be restrained from initiating further proceedings concerning the child's parenting without prior leave of the Court. The Court was also required to determine the Father's costs of the proceedings.
Judge Coker dismissed the Mother's Initiating Application. The Court reasoned that it was appropriate to restrain the Mother from initiating further proceedings without leave, indicating a pattern of litigation that was no longer in the child's best interests. The Court ordered that the Mother pay the Father's costs of and incidental to the proceedings, with a detailed process outlined for the assessment of those costs should the parties be unable to agree on the quantum.
Orders
Orders of the court
1.
That the Mother’s Initiating Application filed 31 January 2014 be dismissed.
2.
That the Mother be restrained from initiating further proceedings in relation to the parenting of the child, X born (omitted) 2006, without leave of this Court previously given.
3.
That the Mother pay the Father’s costs of and incidental to these proceedings as may be agreed between the parties and, failing agreement, as follows:
(a) Within 28 days of there being an indication that agreement cannot be reached that submissions on the quantum of costs be filed by the Father and served on the Mother;
(b) The Mother file and serve submissions in response within 14 days thereafter; and
(c) The matter of costs be determined in Chambers.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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